State ex rel. Utilities Commission v. Cooper’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he Commission is required to consider the economic effects of its ROE decision on a public utility’s customers pursuant to G.S. 62-133(b)(4). In particular, G.S. 62-133(b)(4) states, in pertinent part, that in fixing rates the Commission must fix a rate of return on the utility’s investment that “will enable the public utility by sound management to produce a fair return for its shareholders, considering changing economic conditions and other factors, including, but not limited to ... to compete in the market for capital funds on terms that are reasonable and that are fair to its customers and to its existing investors.” One of the “terms” on which a public utility competes in the market for capital funds is the utility’s authorized ROE. Thus, the Commission must consider whether that term is reasonable and fair to the utility’s customers.”

   1 later decision quote this exact passage
   e.g. State ex rel. Utils. Comm'n v. Cooper, Att'y Gen.

2. “[t]he Commission entered an order on 28 July 2011, declaring this matter to be a general rate case and suspending the proposed rate increase pending further investigation. . . . The Attorney General of North Carolina and the Public Staff-North Carolina Utilities Commission intervened in this matter as allowed by law. On 28 November 2011, the Public Staff and Duke filed an Agreement and Stipulation of Settlement with the Commission that “provide[d] for a net increase of $309,033,000” for annual revenues and an allowed “ROE of 10.5%.” The Settlement addressed all issues between Duke and the Public Staff, but was contested by some of the other parties, including the Attorney General.”

   1 later decision quote this exact passage
   e.g. State ex rel Utils. Comm'n v. Cooper, Att'y Gen.